16 December 2019
Addressing the Use of Human Shields
16 December 2019
Addressing the Use of Human Shields
By
Tobias Vestner , Director of Research and Policy Advice Department & Head of Security and Law, GCSP
Key Points
- Human shields are increasingly used in modern conflicts, exposing civilians and other protected persons to high risk of death and injuries.
- Using human shields is a violation of international humanitarian law (IHL) and a war crime under the 1998 Rome Statute of the International Criminal Court and customary international law.
- Armed forces confronted with human shields are faced with the dilemma between causing civil casualties that may undermine the legitimacy of their operations and refraining from attack which results in military disadvantages.
- To address the use of human shields, the respective normative framework and the enforcement of the prohibition could be strengthened. Strategic communication could also be deployed to delegitimize the use of human shields. Thematic engagement among states and with armed non-state actors could further prevent the use of human shields. Operational and tactical measures to circumvent human shields could further support states engaged in military operations and prevent incidental harm to civilians.
- Any action to address the use of human shields should be coordinated among states and international organizations.
Dr Tobias Vestner is the Director of the Research and Policy Advice Department and the Head of the Security and Law Programme at the GCSP. He is an Honorary Senior Research Fellow at the University of Exeter, a Fellow at Supreme Headquarters Allied Powers Europe, and a Non-Resident Fellow at the United Nations Institute for Disarmament Research. He serves as reserve Legal Advisor at the Swiss Armed Forces Staff.
Related Course
